Robert Malen

Robert Malen brings more than 40 years of experience to his work as a commercial litigator. Throughout his career, he has represented individuals and businesses in a wide range of sophisticated corporate and commercial disputes.

Robert holds a Bachelor of Arts with First Class Honours from McGill University and an LL.B. from the University of Toronto Faculty of Law. He was called to the Ontario Bar in 1979.

His practice focuses on resolving corporate and commercial disputes, shareholder conflicts, banking matters, real estate and leasing issues, construction claims, employment disputes, and estates and trusts matters. He acts for both individuals and corporations, using litigation, mediation, negotiation, and practical legal strategy to pursue effective resolutions.

Known for his judgment, preparation, and straightforward approach, Robert is respected by clients, judges, and fellow lawyers. His principal areas of practice include corporate and commercial litigation, shareholder disputes, employment law, construction law, real estate and leasing, and estates and trusts.

Robert has appeared at every level of court in Ontario and before the Supreme Court of Canada. He has served as trial counsel in numerous proceedings and as appellate counsel before the Ontario Divisional Court, the Court of Appeal for Ontario, and the Supreme Court of Canada.

In addition to his litigation practice, Robert is an experienced legal author and editor. He co-edited the second edition of Distress: A Commercial Landlord’s Remedy, published by Thomson Reuters in April 2021, and the second edition of Assignment, Subletting and Change of Control in a Commercial Lease, published by Thomson Reuters in October 2023.

He also co-authored the chapter on costs in Civil Procedure and Practice in Ontario 2021, published by CanLII, and has written articles for the Advocates’ Quarterly. Many of his cases have been reported in leading legal publications, including the Ontario Reports, Dominion Law Reports, Business Law Reports, and Real Property Reports.

For four years, Robert taught a weekly law course to business students at the University of Toronto. He was also recognized in the 2025 edition of The Best Lawyers in Canada.

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